Designs Amendment Act 1981
No. 42 of 1981
An Act to amend the Designs Act 1906, and for related purposes
[Assented to 13 May 1981]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Designs Amendment Act 1981.
Commencement
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.
(2) Section 31, Part IV and sub-section 36 (2) shall come into operation on a date to be fixed by Proclamation.
(3) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
PART II—AMENDMENTS OF THE DESIGNS ACT 1906
Principal Act
3. The Designs Act 19061 is in this Part referred to as the Principal Act.
Title
4. The title of the Principal Act is amended by omitting “Copyright in Industrial Designs” and substituting “designs”.
5. Sections 4, 4a, 4b and 5 of the Principal Act are repealed and the following sections substituted:
Interpretation
“4. (1) In this Act, unless the contrary intention appears—
‘article’ means any article of manufacture and includes a part of such an article if made separately;
‘artistic work’ has the same meaning as in the Copyright Act 1968;
‘Australia’ includes Norfolk Island;
‘Convention country’ means a country in respect of which there is in force for the time being a Proclamation under section 48 declaring that country to be a Convention country for the purposes of this Act;
‘corresponding design’ has the same meaning as in Division 8 of Part III of the Copyright Act 1968;
‘Deputy Registrar’ means the Deputy Registrar of Designs holding office under this Act;
‘design’ means features of shape, configuration, pattern or ornamentation applicable to an article, being features that, in the finished article, can be judged by the eye, but does not include a method or principle of construction;
‘monopoly’, in relation to a registered design, means the exclusive right to apply the design to an article in respect of which the design is so registered;
‘Official Journal’ means the Official Journal referred to in section 175 of the Patents Act 1952;
‘owner’ means—
(a) in relation to a design that is not a registered design—a person who is the owner of the design in accordance with section 19 or, if there are 2 or more persons who have an interest in the design in accordance with that section, each of those persons; or
(b) in relation to a registered design—the person who is registered as the owner of the registered design or, if there are 2 or more such persons, each of those persons;
‘prescribed court’ means the Supreme Court…
Overview
The Designs Amendment Act 1981 was enacted to update and amend the Designs Act 1906, addressing certain gaps and updating terminology and provisions to modernise the legislative framework for design protection in Australia. This Act was assented to on 13 May 1981 by the Queen, in accordance with the authority vested in the Parliament of the Commonwealth of Australia. The primary objective of this legislation is to enhance the efficiency and clarity of the registration process for industrial designs, ensuring that the legal framework adequately protects the interests of design owners while facilitating the use of designs in various contexts. The Act includes comprehensive amendments to the Designs Act 1906, redefining key terms, adjusting the criteria for design registration, and clarifying the rights and responsibilities of design owners, among other updates.
Scope and Application
The Designs Amendment Act 1981 applies to the Commonwealth, the States, the Northern Territory, and Norfolk Island. It amends the Designs Act 1906 to update and clarify the provisions related to the registration, ownership, and protection of designs. The Act applies to both registered and unregistered designs, as well as to designs that are new or original. It extends to Norfolk Island and binds the Crown in right of the Commonwealth, the States, the Northern Territory, and Norfolk Island. The Act provides for the registration of designs, the ownership and protection of registered designs, the rights and obligations of co-owners of registered designs, and the procedures for dealing with applications for the registration, extension, or restoration of registered designs. The Act also addresses the use of designs by the Commonwealth or a State, the acquisition of designs by the Commonwealth, the prohibition of publication of information with respect to designs, and the jurisdiction and powers of prescribed courts. The Act provides for the making of regulations to prescribe fees, the practice and procedure of prescribed courts, and other matters necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Act applies to applications made after the date fixed by Proclamation under section 2 (3), and to designs registered in accordance with section 24a of the Principal Act on and after that date.
Key Provisions
- The Designs Amendment Act 1981 makes several key changes to the Designs Act 1906. Firstly, it amends the definition of a design to include features of shape, configuration, pattern or ornamentation applicable to an article, but excludes methods or principles of construction (Section 4). The Act also expands the role of the Registrar, allowing the Registrar to delegate certain powers to Assistant Registrars (Section 8a). Furthermore, it removes certain barriers to registration, allowing designs that include functional features to be registered (Section 18). Owners of unregistered designs are granted more explicit rights to ownership, including the ability to assign ownership (Sections 19 and 20). The Act also establishes clearer processes for the application, amendment, and registration of designs (Sections 20-22b).
- The Act imposes several obligations on the parties it governs. Owners of designs must apply for registration and provide the necessary representations and statements. The Registrar has the authority to refuse registration if a design is not new or original or if it infringes on existing designs (Section 24). Owners of registered designs are granted a monopoly over the use of their designs, and co-owners must manage their rights collectively or with mutual consent (Sections 25 and 25a). The Act also establishes procedures for the correction and restoration of the register of designs (Sections 27b and 27c).
- There are significant penalties for non-compliance. The Act includes provisions for civil and criminal penalties for offences such as the publication of restricted information, failure to comply with summons, and refusal to give evidence (Sections 42b, 42c, and 46b). For example, publishing information in contravention of an order can result in a fine of up to $500 or imprisonment for up to six months if prosecuted summarily, or a fine of up to $10,000 or imprisonment for up to two years if prosecuted upon indictment. Failure to comply with a Registrar's summons or refusal to give evidence can result in a penalty of $100. Additionally, the Act allows for the recovery of costs awarded by the Registrar as a debt in a court of competent jurisdiction.
- Area of Law
- Intellectual Property Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Delegation
- Registrar Powers
- Infringement Remedies
